Failure to Appear in Texas | Dallas Criminal Defense
Defining Failure to Appear in Texas
In Texas, failure to appear is a charge that can be levied against an individual who does not show up for a scheduled court date. This is a serious offense, as it is a direct violation of a court order. The charge is outlined under Section 38.10 of the Texas Penal Code.
Consequences of Failure to Appear
The penalty for failure to appear in Texas is typically a Class C misdemeanor, which can result in a fine of up to $500 – if the offense was a Class C misdemeanor to begin with.
However, if you intentionally or knowingly miss court for a more serious misdemeanor offense, you could also be charged with bail jumping. This is a Class A misdemeanor. It can be punished by up to a year in jail and up to a $4,000 fine.
Finally, failure to appear and bail jumping can be filed as a third degree felony if the underlying offense was a felony.
What if I miss my Dallas County court date?
Texas judges don’t take kindly to missed court dates, and the punishment usually reflects as such.
Excuses such as oversleeping, work, or just plain forgetting will not cut it with a judge.
If accused of missing a court date, contacting an experienced Dallas failure-to-appear lawyer is imperative. Our team at Varghese Summersett includes Board Certified criminal defense attorneys and former prosecutors with more than four decades of combined success fighting for our clients.
What is Failure to Appear in Dallas Court?
Texas Penal Code 38.10 defines failure to appear as someone “lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance of his release.”
What happens if you fail to appear in Dallas Court?
A slew of actions by the judge can occur if you miss your court date. An arrest warrant can be issued, and your bond could be forfeited. That means you’ll lose any money or collateral used for your release from jail on the initial offense.
Additionally, you may face a separate criminal charge for failure to appear or bail jumping.
Penalties for missing a court date typically correlate with the level of the original offense.
For example, if you fail to appear for a misdemeanor, the penalty will be less severe than missing a felony offense court date.
The charges and penalties for missing a court date include the following:
Class C misdemeanor: Up to a $500 fine if the original charge was a Class C misdemeanor.
Class A misdemeanor: Up to a year in jail and a $4,000 fine if the original charge was a Class A or B misdemeanor.
Third-degree felony: Up to 10 years in prison and a $10,000 fine if the original charge was a felony.
How does Dallas County respond to a failure to appear in court?
The judge is likely to issue a bench warrant, even if there is no new case for failure to appear.
Issuing a Bench Warrant
A bench warrant is a type of arrest warrant that is issued by a judge or “the bench,” hence the name. Unlike traditional arrest warrants that are typically issued in response to a criminal complaint, bench warrants are usually issued when a person fails to comply with court rules or orders.
The Connection Between Bench Warrants and Missed Court Dates
One of the most common reasons for the issuance of a bench warrant is a failure to appear in court. When an individual is scheduled to appear before a judge and does not show up, the court views this as a direct violation of its order. As a result, the judge may issue a bench warrant as a means to enforce the court’s authority and ensure compliance with its directives.
When a judge issues an arrest warrant for a failure to appear offense, the defendant’s name is added to a warrant database accessible to law enforcement during traffic stops, at the airport, or at border crossings.
If the original offense was a felony, bondsmen, bounty hunters, and U.S. Marshalls could actively search for a bail jumper.
Take note: Skipping a court date will only make your legal troubles worse.
The Prosecutor May File a Failure to Appear or Bail Jumping Case
If you’re arrested for a failure to appear or FTA warrant, the court is likely to keep you in jail until your hearing. You may also be required to post bail if a bond is granted.
If you are found guilty of the original offense, the judge could include additional costs for the failure to appear offense.
Additional charges could include contempt of court or perjury, with additional fines or extra jail time.
If you have missed a court date, consult with a Dallas failure to appear lawyer at Varghese Summersett.
With our experience, we will work to resolve the situation in the most favorable way possible.
Defendants aren’t the only ones with Dallas County court dates
Defendants, or someone charged with an offense, are the most common reason people are summoned for court dates.
But there are various other reasons why an individual could be summoned with a court date in Dallas County.
Witness: If someone has information relevant to a case, the court could ask them to testify in person or via videoconference.
Pay fines Or fees: A judge could require a defendant to appear in person to pay fines or fees involving their case.
Probation violation: A judge could issue an arrest warrant if someone violated their probation terms.
Give information: A court could ask someone to provide information about another person or situation, such as character testimony.
How can a Dallas Failure to Appear Lawyer Help Me?
Judges usually respond quickly and severely when a defendant fails to appear for a court date. There are, however, some valid explanations for a missed court appearance recognized by the Texas statute.
Two specific defenses, if argued successfully before the judge, could result in an excused absence.
If your court appearance was incident to parole, community service, or an intermittent sentence, a judge is likely to excuse your missed hearing.
An example would be if a person was in jail in another county at the time of the hearing.
Other potential reasonable excuses include a medical emergency with yourself or a family member, a death in the family, or you were never notified of the court date.
Judges will consider such circumstances but are likely to require some proof or evidence supporting your claims, such as emergency room records or a copy of the death certificate of a family member.
Your Dallas failure to appear lawyer will help gather such documentation to present to the judge.
Facing a failure-to-appear charge in Dallas? Call Varghese Summersett.
If you missed a court date, all is not lost. A Dallas failure to appear lawyer at Varghese Summersett can help facilitate resolving your situation with minimal additional punishment, if possible.
Contact our firm, where one of our attorneys will assess the specifics of your case and determine how to best proceed. We can help you.
For a complimentary consultation, call 214-903-4000.
